RNRF Participant Guide English 2020.pdf PDF

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Child Care Facility Rules and Regulations Participant Guide

March 1, 2020

Child Care Facility Rules and Regulations Participant Guide Table of Contents Module 1: The Regulation of Child Care Facilities

3

Module 2: General Requirements

29

Module 3: Physical Environment and Health Requirements

55

Module 4: Training, Background Screening, and Personnel Records

95

Module 5: Enforcement

110

Module 6: Professionalism

120

APPENDIX: NAEYC Code of Ethical Conduct

132

To access the course resources, scan the QR code or visit the following link: http://fcim-dcf.fcim.org/dcf/dcfcourseresources/#RNRF

Copyright 2020, 2018, Florida Department of Children and Families, unless otherwise noted. No permission is required to copy this guide in its entirety for child care training purposes. For other uses, send written permission requests to: Child Care Training Specialist Department of Children and Families 1317 Winewood Blvd Building 6, Room 386 Tallahassee, FL 32399-0700

MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Module 1: The Regulation of Child Care Facilities Overview This module provides an overview of regulation in child care facilities. This includes the purpose, overview of how the Statutes and Administrative Code work together, local ordinances, other rules and regulations that are important to know, partnering state agencies, and Caring for Our Children as a resource.

Module Goal Participants will understand the role of regulation in protecting the health and safety of children in out-of-home care.

Learning Objectives After successfully completing this module you will be able to: • Define the roles and responsibilities of a child care professional • Describe different types of child care programs • Identify the key agencies and resources available to child care professionals • Recognize how the Florida Statutes, Florida Administrative Code, and the Handbook align to protect the health and safety of children in child care programs

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Purpose Child care laws, rules, and ordinances are in place to protect children, families, and child care professionals. This class presents information found in the Florida Statutes and rules created by the Department of Children and Families, which are found in the Florida Administrative Code and the Facility Handbook. Child care professionals should learn the local city and county ordinances that impact your program and follow them as well. The Department of Children and Families’ Office of Child Care Regulation website lists links to the statewide rules and regulations related to child care. It is imperative to become familiar with all of the documents so you can provide quality care that aligns with the law and protects the health and safety of children. The website is a critical resource for child care professionals. It contains information and resources to help individuals understand and meet the requirements. This course provides an overview of the rules and regulations. It is essential, as a child care professional, to take the time to review the official rules and regulations. Remember that these documents are updated when the rules and regulations change, so you should review the Department’s website frequently to stay informed of changes because you are responsible for implementing the current rules and regulations. The documents you should become familiar with are: • • • • • •

Chapter 402, Florida Statutes Chapter 65C-22, Florida Administrative Code Child Care Facility Handbook School-Age Child Care Facility Handbook Child Care Facility Standard Classifications School-Age Child Care Facility Standard Classifications

Key Point: Child care professionals must understand the rules and regulations to protect the health and safety of children in care.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Legislative Intent The Florida Statutes (F.S.) outline the legislative intent of the child care regulations. Given the demographics of Florida and the child care needs of families who have employment outside of the home, the Legislature established child care standards. The Legislature establishes the intent to protect the health, safety, and well-being of Florida’s children through the establishment of minimum standards of care for Florida. The licensing standards established by the Department address the: • Physical environment (health, sanitation, safety, and physical surroundings) • Children in care (health, nutrition, and development) The Florida Department of Children and Families’ Office of Child Care Regulation’s mission is to “ensure the health, safety, and well-being of the children of the state while in care through licensing and regulatory activities. The purpose of this program is to ensure that children are well cared for in a safe, healthy, positive, and educational environment by trained, qualified child care staff.”

Rules and Regulations Florida Statutes: 402.26 Florida Administrative Code: 65C-22.001(6) Child Care Facility Handbook: 1 School-Age Child Care Facility Handbook: 1

Key Point: Child care standards are established to protect the health and safety of children while in out-of-home care.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

How Do Rules and Regulations Fit Together A Regulation is a law, rule, ordinance, or other order prescribed by authority, especially to regulate conduct. Rules and regulations exist to protect the health and safety of children in outof-home care. Florida Law means a bill passed by the Florida Legislature, which includes the House and Senate, and signed by the governor of Florida. The permanent collection of these state laws is found in the Florida Statutes. Rules implement, interpret, and/or describe laws found in the Florida Statutes. The permanent collection of these rules is found in the Florida Administrative Code. For child care regulations, the Department of Children and Families’ Office of Child Care Regulation writes the rules. The Department has adopted a handbook as part of the Florida Administrative Code to provide guidance and clarification in order for providers to implement the rules and regulations. An ordinance is a local law enacted by a county or municipality and only applies within the jurisdiction of the particular county or city.

Key Point: The rules and regulations protect the health and safety of children in out-of-home care.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Activity: What Does This Mean? s. 402.302, F.S. and Section 1.2 in the Child Care Facility and School-Age Child Care Handbooks outline a list of definitions used in the rules and regulations. It is important to become familiar with these terms and their meanings so you can implement the rules and regulations in Florida appropriately. Read the definition and select the matching term.

Term 1. Child Care Personnel (F.S.) 2. Classroom/Room/ Designated Space (Handbook) 3. Department (F.S.) 4. Direct Supervision (Handbook) 5. Director (Handbook) 6. Foster Grandparents (Handbook) 7. Owner (F.S.) 8. Sanitize (Handbook) 9. Stable Walls or Barriers (Handbook) 10. Weekend Child Care (F.S.)

A. B.

C. D. E.

F. G. H.

I.

J.

Definition Means the Department of Children and Families On-site administrator or individual who has the primary responsibility for the day-to-day operation, supervision, and administration of a child care facility Child care provided between the hours of 6 p.m. on Friday and 6 a.m. on Monday The process of destroying or reducing organisms to a safe level The boundaries that define a classroom space, which are constructed in a sturdy manner and anchored so they are stable and secure and do not pose a threat of falling over Includes all owners, operators, employees, and volunteers working in a child care facility The person who is licensed to operate the child care facility Actively watching and directing children’s activities within the same space, and responding to the needs of each child while in care Directly supervised volunteers who participate in the federal program pursuant to 45 Code of Federal Regulations part 2552; they work with one or more children with special or exceptional needs in child care programs A space or room in which care is provided or classes are held, and where learning can take place uninterrupted by outside distractions

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Child Care Child care in Florida is defined as the care, protection, and supervision of a child for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs and for which a payment, fee, or grant is made for care. Prolonged child care allows care to be provided for 24 hours or longer for a child whose parent or guardian works a shift of 24 hours or more. A child care program is either licensed, registered, or exempt from licensure. The main types of child care programs in Florida are: • Child Care Facilities • Specialized Child Care Mildly Ill Facilities • Family Day Care Homes • Large Family Child Care Homes

Rules and Regulations Florida Statutes: 402.301, 402.302(1), 402.305, 402.317 Florida Administrative Code: 65C-22.001(2) Child Care Facility Handbook: 1, 1.1, 7 School-Age Child Care Facility Handbook: 1, 1.1

Key Point: Child care supplements parental care for a period of less than 24 hours a day on a regular basis.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

School-Age Child Care Before-school and after-school sites are programs, regardless of location, providing care for children who are at least five years old, and who are enrolled in and attend kindergarten or above. These programs provide care only before and after school, on teacher planning days, holidays, and breaks that occur during the school district’s official academic calendar year. A school-age child care program must be licensed prior to operation and for continued operation, unless the program demonstrates that it is exempt. Licensed school-age child care programs are not subject to all of the same regulations as licensed child care facilities, so it is important to review the appropriate standards handbook.

Rules and Regulations Florida Statutes: 402.305 Florida Administrative Code: 65C-22.008(2), 65C-22.008(3) Child Care Facility Handbook: 1.2 School-Age Child Care Facility Handbook: 1.2

Key Point: School-age child care is a specific program providing care before and after school or during school closures to school-age children exclusively.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Specialized Child Care Facilities for the Care of Mildly Ill Children Child care for mildly ill children means the care of children with short-term illness or symptoms of illness or disability. Specialized Child Care Facilities are licensed programs that provide child care for more than five mildly ill children unrelated to the operator, which receive a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

Rules and Regulations Florida Statutes: 402.305(17) Florida Administrative Code: 65C-25 Child Care Facility Handbook: School-Age Child Care Facility Handbook:

Key Point: The Legislature created standards for specialized child care programs that take care of children who are mildly ill.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Drop-In Child Care Drop-in child care is a child care arrangement where families occasionally leave their child for no more than four hours but remain on the premises, such as child care at a shopping mall. A communication system must be provided to the family to ensure they can return immediately to the child if necessary. Drop-in child care arrangements must be licensed and shall meet all requirements for a child care facility unless specifically exempted, such as religious exemption.

Rules and Regulations Florida Statutes: 402.301(6), 402.305(7)(c), 402.305(9)(c), Florida Administrative Code: 65C-22.001(6) Child Care Facility Handbook: 1.1 School-Age Child Care Facility Handbook:

Key Point: Drop-in child care is a licensed program providing care for children while families are on the premises.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Evening Child Care Evening child care means child care provided during the evening hours, which are defined as 6:00 p.m. to 7:00 a.m. During evening child care, personnel must remain awake at all times. When children are awake, child care personnel must provide direct supervision. When children are sleeping, staff must be within sight and hearing of all children. Rules and Regulations Florida Statutes: 402.305 Florida Administrative Code: 65C-22.007 Child Care Facility Handbook: 2.4.3, 3.4.4 School-Age Child Care Facility Handbook: 3.4.4

Key Point: Evening child care begins at 6:00 p.m. and ends at 7:00 a.m.

Access During the child care program’s operational hours and the times the children are in care, the program must allow parents, guardians, and the licensing authority access to the program. A parent or guardian must have access to the child care program in person and by telephone. Rules and Regulations Florida Statutes: 402.305 Florida Administrative Code: 65C-22.001(6) Child Care Facility Handbook: 8.1 School-Age Child Care Facility Handbook: 7.1

Key Point: Child care programs must provide access to families and licensing authority during operational hours.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Programs Exempt from Licensure

Key Point: Some programs for children are considered exempt from licensure by the Florida Statutes and Florida Administrative Code.

The following programs are considered exempt from licensure by the Florida Statutes and Florida Administrative Code: Public and Non-Public Schools—School Day

Programs for Children Grades Six and Above

School-Age Programs on School Sites That Meet Certain Criteria

Key Point: In general, after-school programs at a public or non-public school site do not require licensure if they meet certain criteria.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Instructional/Tutorial Programs

If they have a single instructional/tutorial purpose and that is the only service they provide, then they are exempt from licensure. The program cannot cater, serve, or prepare meals. The program may choose to provide drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration.

Key Point: Instructional and tutorial programs cannot be designated as Gold Seal and cannot contract to deliver a School Readiness program.

Open Access Programs

Key Point: Open access programs operate for less than four hours per day and do not provide any type of supervision, with children freely entering and leaving at any time without permission, prior arrangements, or supervision.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

National Membership Organizations That Meet Certain Criteria

National nonprofit membership organizations that are recognized in at least ten states, which are created for the purpose of providing activities that contribute to the development of good character/good sportsmanship, allow a program to be exempt from licensure.

Key Point: Nonprofit membership organizations that are associated with national organizations must submit an annual attestation to the Department and comply with background screening requirements.

Summer Day Camps and 24-Hour Camps Summer day camps are recreational, educational, and other enrichment programs operated during summer vacations for children who are five years of age or older on or before September 1. Summer 24-hour camps are recreational, educational, and other enrichment programs that are not exclusively educational, which are operated on a 24-hour basis during summer vacations for children who are five years of age or older on or before September 1.

Key Point: Summer camps are not required to be licensed.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Vacation Bible Schools Bible schools or Vacation Bible Schools (VBS) that are conducted during vacation periods are exempt from licensure. Transient Programs Transient programs provide child care services solely for the guests of their establishment or resort. Club/Recreational Facility Babysitting services are provided at recreational facilities where parents remain on the premises for the purpose of directly participating in activities offered by the facilities, and they are immediately available to meet the needs of their child(ren). Non-Custodial In-Home Care Non-custodial in-home care is care provided by a nanny, au pair, babysitter, or relative caregiver for children of the same family, in the children’s own home.

Activity: What Programs Are Exempt? It is important to be able to identify programs that are eligible for exemption from licensure. Read the question and circle the answers that apply. Which of the following are exempt from licensure, as long as they meet the exemption requirements? A. Public and non-public schools B. Child care facilities C. Membership organization programs D. Summer day and 24-hour camps E. Large family child care homes F. Vacation Bible School programs G. Hotels and resorts

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Religious Exemption

Key Point: A faith-based child care program that is an integral part of a church or parochial school may qualify for religious exemption from licensure.

To qualify for religious exemption, faith-based child care programs must be accredited by or members of organizations that have adopted and published accrediting standards for health, safety, and sanitation and require their child care programs to comply with these and local standards. Additionally, child care programs must be required to meet the requirements in ss. 402.305 and 402.3055, F.S., relating to background screening.

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MODULE 1 The Regulation of Child Care Facilities Participant Guide for Child Care Facility Rules and Regulations

Activit...